Court dismisses Ave Maria lawsuit regarding employees' birth control

The streets were lined with vendors, entertainment and activities during the Touch of Irish Festival at Ave Maria Town Center, Saturday March 9, 2013. Combined with an Art Show, Chalk Art Competition, Car Show and many others, this festival is one for the record books in SW Florida as one of the most versatile events of all times. John M. Wissocki / Daily News Correspondent.

FORT MYERS - A federal lawsuit filed by Ave Maria University over birth control, insurance and religious freedom is off the table — for now.

For the past year, the Catholic-identified Collier County school fought the requirement implemented by the government in early 2012 that employers cover the cost of birth control methods for employees.

Citing that those methods contradict Catholic teachings, thus violating the Consitutional right to freedom of religion, the university took on the U.S. Department of Health and Human Services, arguing that the school couldn’t be forced to pay for birth control products.

However, late last week, a Fort Myers district court judge dismissed the suit, stating the case was “not ripe” to move forward.

In the dismissal, U.S. District Judge John Antoon II explained that because the federal government promised to change its regulations by July to account for the concerns of religion-affiliiated organizations such as Ave Maria University and dozens of other schools and private companies that have filed lawsuits, there are no grounds to hear the case right now.

“The court has hit the pause button,” said Jim Towey, Ave Maria University president. “We’re in springtime. Hope springs eternal, but I’ve been badly disappointed by the Obama administration’s two previous attempts to get this right.”

Schools like Ave Maria and other organizations that identify with a religion were not granted an exemption from funding birth control in the original mandate, although places of worship and religious orders were. Dozens of institutions across the country filed similar suits with mixed results.

Attempts by the government to patch the problem two months ago fell flat, so the waiting game begins for the dismissed cases.

An Alabama federal judge dismissed a similar suit by the Eternal World Television Network, which provides Catholic TV programming, in late March.

If the administration doesn’t find a solution by the promised deadline, Ave Maria will refile a lawsuit, Towey said, adding “We will wait and pray and plan.”

“If the final ruling at the end of July doesn’t respect Ave Maria University’s conscience, they will have recourse to file another lawsuit,” attorney Diana Verm of the Becket Fund told the Daily News.

There are 53 lawsuits around the U.S. filed by hospitals, universities, businesses, schools, and dioceses, according to The Becket Fund, a Washington, D.C.-based organization that represented Ave Maria University in its lawsuit.

To date, the Becket Fund tracks that 16 companies received injunctions, meaning they do not have to comply with the mandate, while 13 nonprofits have had their suits dismissed on procedural grounds, like Ave Maria University and EWTN.

The cases of two archdioceses, one in New York and one in Texas, are cases moving forward, while others remain in limbo.